Tafseer Verse number 232
The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband
`Ali bin Abu Talhah reported that Ibn `Abbas said, “This Ayah was revealed about the man who divorces his wife once or twice and her `Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her.” Masruq, Ibrahim An-Nakha`i, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah (2:232). These statements clearly conform to the apparent meaning of the Ayah.
There is no Marriage without a Wali (for the Woman)
The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah. Also, a Hadith states that:
«لَا تُزَوِّجُ الْمَرْأةُ الْمَرْأَةَ، ولَا تُزَوِّج الْمَرأةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»
(The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.)
Another Hadith states:
«لَا نِكَاحَ إلَّا بِوَلِيَ مُرْشِدٍ وَشَاهِدَيْ عَدْل»
(No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.)
The Reason behind revealing the Ayah (2:232)
It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:
فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَجَهُنَّ
(…do not prevent them from marrying their (former) husbands.)
Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah’s Messenger ﷺ. She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, “O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you.” But Allah knew his need for his wife and her need for her husband and He revealed:
وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ
(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:
وَأَنتُمْ لاَ تَعْلَمُونَ
(…and you know not.)
When Ma`qil heard the Ayah, he said, “I hear and obey my Lord.” He then summoned the man and said, “I will honor you and let you remarry (my sister).” Ibn Marduwyah added (that Ma`qil said), “And will pay (the expiation) for breaking my vow.”
Allah said:
ذلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ
(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,
مَن كَانَ مِنكُمْ
(among you) O people,
يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ
(who believes in Allah and the Last Day.) meaning, believes in Allah’s commandments and fears His warnings and the torment in the Hereafter. Allah said:
ذلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ
(That is more virtuous and purer for you.) meaning, obeying Allah’s Law by returning the women to their ex-husbands, and abandoning your displeasure, is purer and cleaner for your hearts,
وَاللَّهُ يَعْلَمُ
(Allah knows) the benefits you gain from what He commands and what He forbids.
وَأَنتُمْ لاَ تَعْلَمُونَ
(and you know not) the benefits in what you do or what you refrain from doing.
Tafseer Verse number 233
The Suckling Period is only Two Years
This is a direction from Allah to the mothers to suckle their infants through the complete term of suckling, which is two years. Hence, suckling after two years is not included in this address. Allah said:
لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ
(…who desire to complete the term of suckling,)
Therefore, the suckling that establishes Tahrim (prohibition, i.e., one cannot marry his mother or sister from suckling) is what occurs before the two years end. If the infant is suckled only after two years of age, then no Tahrim will be established. At-Tirmidhi under Chapter: `Suckling establishes Tahrim within the first two years,’ reported that Umm Salamah narrated that Allah’s Messenger ﷺ said:
«لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا فَتَقَ الْأَمْعَاءَ فِي الثَّدْيِ وَكَانَ قَبْلَ الْفِطَام»
(Suckling establishes Tahrim if it is on the breast and before Fitam (before weaning, i.e., before the end of the first two years).)
At-Tirmidhi said, “This Hadith is Hasan Sahih. The majority of the people of knowledge among the Companions of Allah’s Messenger ﷺ and others acted upon this, that is that suckling establishes Tahrim (prohibition in marriage) before the end of the two years and that whatever occurs after that does not establish Tahrim”. At-Tirmidhi is alone in recording this Hadith and the narrators in its chain meet the criteria of the Sahihayn. The Prophet’s statement:
«إِلَّا مَا كَانَ فِي الثَّدْي»
(On the breast) refers to the organ of suckling before the two years. Imam Ahmad reported a Hadith in which Al-Bara’ bin `Azib narrated, “When Ibrahim, the Prophet’s son, died, the Prophet said:
«إِنَّ ابْنِي مَاتَ فِي الثَّدْيِ، إِنَّ لَهُ مُرْضِعًا فِي الْجَنَّـة»
(My son has died on the breast and he has someone to suckle him in Paradise.)
Furthermore, Ad-Daraqutni related that Ibn `Abbas said that Allah’s Messenger ﷺ said:
«لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا كَانَ فِي الْحَوْلَيْن»
(Suckling establishes Tahrim only within the (first) two years.)
Imam Malik reported this Hadith from Thawr bin Zayd who narrated that Ibn `Abbas related it to the Prophet . Ad-Darawardi reported this Hadith from Thawr who narrated it from `Ikrimah who narrated it from Ibn `Abbas. In this narration, which is more authentic, he added:
«وَمَا كَانَ بَعْدَ الْحَوْلَيْنِ فَليْسَ بِشَيْء»
(Whatever occurs after the two years is not considered.)
Suckling beyond the Two Years
It is reported in the Sahih that `A’ishah thought that if a woman gives her milk to an older person (meaning beyond the age of two years) then this will establish Tahrim. This is also the opinion of `Ata’ bin Abu Rabah and Layth bin Sa`d. Hence, `A’ishah thought that it is permissible to suckle the man whom the woman needs to be allowed in her house. She used as evidence the Hadith of Salim, the freed slave of Abu Hudhayfah, where the Prophet ordered Abu Hudhayfah’s wife to give some of her milk to Salim, although he was a man, and ever since then, he used to enter her house freely. However, the rest of the Prophet’s wives did not agree with this opinion and thought that this was only a special case. This is also the opinion of the majority of the scholars.
Suckling for Monetary Compensation
Allah said:
وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ
(…but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis.) meaning, the father of the baby is obliged to provide for the expenses of the mother and to buy her clothes, in reasonable amounts usually used by similar women in that area, without extravagance or stinginess. The father spends within his means in this case. Allah said in another Ayah:
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً
(Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.) (65:7)
Ad-Dahhak commented, “If the husband divorces his wife, with whom he had a child, and she suckles that child, he is required to provide for the mother’s expenses and clothes within reason.”
No Darar (Harm) or Dirar (Revenge)
Allah said:
لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا
(No mother shall be treated unfairly on account of her child,) meaning, the mother should not decline to rear her child to harm its father. The mother does not have the right to refrain from suckling the child after giving birth, unless she suckles him/her the milk that is necessary for his/her survival. Later on, she is allowed to give up custody of the child as long as she does not do that intending to harm the father. In addition, the father is not allowed to take the child from his mother to harm the mother. This is why Allah said:
وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ
(…nor father on account of his child.) meaning, by taking the child from its mother intending to harm the mother. This is the Tafsir of Mujahid, Qatadah, Ad-Dahhak, Az-Zuhri, As-Suddi, Ath-Thawri and Ibn Zayd, and others on this Ayah.
Allah then said:
وَعَلَى الْوَارِثِ مِثْلُ ذلِكَ
(And on the (father’s) heir is incumbent the like of that (which was incumbent on the father).) meaning, by refraining from harming the relative (of the father, i.e., his infant), as Mujahid, Ash-Sha`bi and Ad-Dahhak stated. It was also reported that (the Ayah requires) the inheritor (of the father) to spend on the mother of the child, just as the father was spending, and to preserve her rights and refrain from harming her, according to the Tafsir of the majority of the scholars. We should state that Ibn Jarir has explained this subject in detail in his Tafsir and that he also stated that suckling the child after the second year might harm the child’s body and mind. Sufyan Ath-Thawri narrated that `Alqamah asked a woman who was suckling her child after the second year ended, not to do that.
Fitam (weaning) occurs by Mutual Consent
Allah said:
فَإِنْ أَرَادَا فِصَالاً عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا
(If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them.)
This Ayah indicates that if the father and the mother decide on the Fitam (weaning) before the two years (of suckling) end, and for a benefit that they duly discuss and agree upon, then there is no sin in this case. So, the Ayah indicates that one parent is not allowed to make this kind of decision without duly consulting the other parent, as stated by Ath-Thawri. The method of mutual consultation protects the child’s interests. It is also a mercy from Allah to His servants, for He has legislated the best method for parents to rear their children, and His legislation guides and directs the parents and the children to success. Similarly, Allah said in Surat At-Talaq (chapter 65 in the Qur’an):
فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى
(Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child).) (65:6)
Allah then said:
وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلَـدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِالْمَعْرُوفِ
(And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis.) meaning, if the mother and the father both agree that the father assumes custody of the child due to a circumstance that compels her or allows him to do so, then there is no sin in this case. Hence, the mother is allowed to give up the child and the father is allowed to assume custody of the child. The father should kindly give the mother her expenses for the previous period (during which she reared and suckled the child), and he should seek other women to suckle his child for monetary compensation. Thereafter, Allah said:
وَاتَّقُواْ اللَّهَ
(And fear Allah) meaning, in all of your affairs,
وَاعْلَمُواْ أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
(And know that Allah is All-Seer of what you do.) meaning, none of your affairs or speech escapes His perfect Watch.
Tafseer Verse number 234
The `Iddah (Waiting Period) of the Widow
This Ayah contains a command from Allah to the wives whose husbands die, that they should observe a period of `Iddah of four months and ten nights, including the cases where the marriage was consummated or otherwise, according to the consensus (of the scholars).
The proof that this ruling includes the case where the marriage was not consummated is included in the general meaning of the Ayah. In a narration recorded by Imam Ahmad and the compilers of the Sunan, which At-Tirmidhi graded Sahih, Ibn Mas`ud was asked about a man who married a woman, but he died before consummating the marriage. He also did not appoint a Mahr (dowry) for her. They kept asking Ibn Mas`ud about this subject until he said, “I shall give you my own opinion, and if it is correct then it is from Allah, while if it is wrong it is because of my error and because of (the evil efforts of) Satan. In this case, Allah and His Messenger are innocent of my opinion. She has her full Mahr.” In another narration, Ibn Mas`ud said, “She has a similar Mahr to that of the women of her status, without stinginess or extravagance.” He then continued, “She has to spend the `Iddah and has a right to the inheritance.” Ma`qil bin Yasar Ashja`i then stood up and said, “I heard Allah’s Messenger ﷺ issue a similar judgment for the benefit of Barwa` bint Washiq.” `Abdullah bin Mas`ud became very delighted upon hearing this statement. In another narration, several men from Ashja` (tribe) stood up and said, “We testify that Allah’s Messenger ﷺ issued a similar ruling for the benefit of Barwa` bint Washiq.”
As for the case of the widow whose husband dies while she is pregnant, her term of `Iddah ends when she gives birth, even if it occurs an instant (after her husband dies). This ruling is taken from Allah’s statement:
وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(And for those who are pregnant, their `Iddah is until they lay down their burden.) (65:4)
There is also a Hadith from Subay`ah Al-Aslamiyah in the Two Sahihs, through various chains of narration. Her husband, Sa`d bin Khawlah, died while she was pregnant and she gave birth only a few nights after his death. When she finished her Nifas (postnatal period), she beautified herself for those who might seek to engage her (for marriage). Then, Abu Sanabil bin Ba`kak came to her and said, “Why do I see you beautified yourself, do you wish to marry By Allah! You will not marry until the four months and ten nights have passed.” Subay`ah said, “When he said that to me, I collected my garments when night fell and went to Allah’s Messenger ﷺ and asked him about this matter. He said that my `Iddah had finished when I gave birth and allowed me to get married if I wished.”
The Wisdom behind legislating the `Iddah
Sa`id bin Musayyib and Abu Al-`Aliyah stated that the wisdom behind making the `Iddah of the widow four months and ten nights is that the womb might contain a fetus. When the woman waits for this period, it will become evident if she is pregnant. Similarly, there is a Hadith in the Two Sahihs narrated by Ibn Mas`ud stating:
«إنَّ خَلْقَ أَحَدِكُمْ يُجْمَعُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا نُطْفَةً، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذلِكَ، ثُمَّ يُبْعَثُ إِلَيْهِ الْمَلَكُ فَيَنْفُخُ فِيهِ الرُّوح»
((The creation of) a human being is put together in the womb of his mother in forty days in the form of a seed, and next he becomes a clot of thick blood for a similar period, and next a morsel of flesh for a similar period. Then, Allah sends an angel who is ordered to breathe life unto the fetus.)
So, these are four months and ten more days to be sure, as some months are less (than thirty days), and the fetus will then start to show signs of life after the soul has been breathed into it. Allah knows best.
The `Iddah of the Slave Mother whose Master dies
We should state here that the `Iddah of the slave mother is the same in the case of death, as the `Iddah of the free woman. Imam Ahmad reported that `Amr bin Al-`As said, “Do not confuse the Sunnah of our Prophet for us. The `Iddah of the mother, who is also a servant, when her master dies, is four months and ten nights.”
Mourning is required during the `Iddah of Death
Allah said:
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
(…then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)
This Ayah indicates that mourning for the dead husband is required until the `Iddah is finished. It is also reported in the Two Sahihs that Umm Habibah and Zaynab bint Jahsh narrated that Allah’s Messenger ﷺ said:
«لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللهِ وَالْيَوْم الآخِر أن تُحِدَّ عَلى مَيِتٍ فَوْقَ ثَلَاثٍ، إِلَّا عَلى زَوْجٍ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا»
(It is not lawful for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, for whom she mourns for four months and ten days.)
It is reported in the Two Sahihs that Umm Salamah said that a woman said, “O Messenger of Allah ﷺ! My daughter’s husband died and she is complaining about her eye, should we administer kohl in her eye” He said, “No,” several times upon repeating this question. He then said:
«إنَّمَا هِيَ أَرْبَعَةُ أَشْهُرٍ وَعَشْرٌ، وَقَدْ كَانَتْ إِحْدَاكُنَّ فِي الْجَاهِلِيَّةِ تَمْكُثُ سَنَة»
(It is four months and ten (nights)! During the Jahiliyyah, one of you would mourn for an entire year.)
Zaiynab the daughter of Umm Salamah said (about the pre-Islamic era of ignorance), “When the woman’s husband died, she would go into seclusion and would wear the worst clothes she has. She would refrain from wearing perfume or any adornments until a year passed. She would then come out of seclusion and would be given dung that she would throw. Then an animal would be brought out, a donkey, a sheep, or a bird. Then some blood would be drained from it, usually resulting in its death.”
In short, the mourning required from a wife whose husband dies, includes not using beautification aids, such as wearing perfume and the clothes and jewelry that encourage the men to seek marriage from the woman. All widows must observe this period of mourning whether they are young, old, free, servant, Muslim or disbeliever, as the general meaning of the Ayah indicates.
Allah also said:
فَإِذَا بَلَغْنَ أَجَلَهُنَّ
(…then when they have fulfilled their term) meaning, when the `Iddah finishes, according to Ad-Dahhak and Ar-Rabi` bin Anas.
فَلاَ جُنَاحَ عَلَيْكُمْ
(there is no sin on you) Az-Zuhri said, “Meaning her Wali (guardian).”
فِيمَا فَعَلْنَ
(if they (the wives) dispose) meaning, the women whose `Iddah has finished. Al-`Awfi said that Ibn `Abbas said, “If the woman is divorced or if her husband dies and then her `Iddah term ends, there is no sin that she beautifies herself, so that she becomes ready for marriage proposals. This is the way `that is just and honorable’.” It was reported that Muqatil bin Hayyan gave the same explanation. Ibn Jurayj related that Mujahid said:
فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ
(…there is no sin on you if they (the wives) dispose of themselves in a just and honorable manner.) “refers to allowed and pure (honorable) marriage.” It was also reported that Al-Hasan, Az-Zuhri and As-Suddi said the same.